Recommendation 94: CICA unspent convictions rule reform
From Interim Report of the Independent Inquiry into Child Sexual Abuse, published 25 April 2018.
Recommendation
The Chair and Panel recommend that the Ministry of Justice revises Criminal Injuries Compensation Authority rules, so that awards are not automatically rejected in circumstances where an applicant's criminal convictions are likely to be linked to their child sexual abuse. Each case should be considered on its merits.
In brief (written by this site)
In April 2025, Parliamentary Under Secretary of State for Victims and Violence against Women and Girls Alex Davies-Jones stated that the Ministry of Justice decided to "make no change to it at this time" regarding the unspent convictions rule, concluding that altering the rule would breach the scheme's universality principle (Alex Davies-Jones MP, Apr 2025). HM Government had stated in May 2023 that it accepted the need to consider changes to the scheme and would consult on amending its scope and time limits (Home Office response, May 2023). The government had earlier reported in July 2019 that an ongoing review was examining eligibility rules, including concerns regarding unspent convictions (HM Government response, Jul 2019).
Sources
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.
Government response
We accept the need to consider changes to the scheme, and we will consult on whether or not to amend the scope and time limits.
Earlier statements from UK Government (2)
The MoJ published the terms of reference of a review of the CICS on 18 December 2018. Work on the review is currently ongoing and is examining whether the Scheme reflects the changing nature of violent crime and effectively supports victims in their recovery. The review is considering how the Scheme can better serve victims of violent crime including child sexual abuse. To inform the review, the MoJ has engaged directly with victims, victims' groups, representatives and parliamentarians and will take into account the wider findings of the Inquiry through its Accountability and Reparations investigation strand.
The Scheme's scope, eligibility rules, requirements around decision-making and injury tariffs are being reviewed in the context of the challenges that have been raised by victims in accessing criminal injuries compensation. This will include considering concerns about time limits for making applications, unspent convictions and issues of consent.
The review will report by the end of 2019, and there will be a public consultation on reform proposals later this year.
The cross-government Victims Strategy announced that the Government will consider how the CICS can better serve victims of violent crime including child sexual abuse and terrorism. We have published the terms of reference for the review, which will examine whether the CICS remains fit for purpose, reflects the changing nature of violent crime and effectively supports victims in their recovery. We will consult publicly on proposals in 2019. The Victims Strategy also sets out actions to improve access to compensation and the experience of victims making claims.
Delivery
Ministry of Justice says not accepted (9 April 2025)
62. Having considered the purpose of the unspent convictions rule, evidence on how it is working, and consultation responses, our decision is to make no change to it at this time. 63. We appreciate that this will be disappointing to stakeholders who were strongly in support of change, particularly those personally affected by the rule. Our reasons for reaching our decision to maintain the rule are as follows. 64. The exclusionary part of the unspent convictions rule was one of a number of reforms made to the Scheme following a consultation in 2012 with a key aim of compensation being available to those most seriously injured by violent crime and to drive down the costs of the Scheme to ensure that it would be sustainable. In 2021 the Supreme Court judgment in A and B [2021] UKSC 27 determined that it is appropriate for Government to make rules as to when applicants might be disqualified from receiving compensation. A strong and clear rationale was made for introduction of an exclusionary part to the rule, based on the seriousness of the crime committed by the applicant as shown by the sentence imposed. 65. Amending the rule in a way which treats different groups of victims, for example child and adult victims of crime, or victims of different types of crime, differently – as recommended by the Inquiry – would breach the universality principle of the Scheme.
From: Criminal Injuries Compensation Scheme Review: 2022 and 2023 consultations. Government Response, Alex Davies-Jones MP, Parliamentary Under Secretary of State for Victims and Violence against Women and Girls
Site note: The Ministry of Justice's response to the 2022 and 2023 consultations on the Criminal Injuries Compensation Scheme (CP 1292, April 2025; GOV.UK 9 April 2025). The passage is its response on the unspent convictions rule, the subject of this recommendation of the Interim Report.
Source
Responsible bodies
Themes and tags
Who has spoken
- UK Government
Response - Ministry of Justice
Delivery statement